Senate Bill S2858

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2858

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the "aquatic nuisance species coalition participation act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 17 of the environmental conservation law is amended
by adding a new title 21 to read as follows:
                                TITLE 21
                        AQUATIC NUISANCE SPECIES
                       COALITION PARTICIPATION ACT
SECTION 17-2101. SHORT TITLE.
        17-2103. LEGISLATIVE FINDINGS.
        17-2105. DEFINITIONS.
        17-2107. PARTICIPATION IN GREAT LAKES AQUATIC  NUISANCE  SPECIES
                   COALITION; OTHER COOPERATIVE AND COORDINATED EFFORTS.
S 17-2101. SHORT TITLE.
  THIS  TITLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "AQUATIC NUISANCE
SPECIES COALITION PARTICIPATION ACT."
S 17-2103. LEGISLATIVE FINDINGS.
  THE LEGISLATURE FINDS THAT AQUATIC NUISANCE SPECIES ALREADY INTRODUCED
INTO THE GREAT LAKES, PREDOMINANTLY  THROUGH  BALLAST  WATER  DISCHARGES
FROM OCEAN-GOING VESSELS, HAVE LED TO SIGNIFICANT ECOLOGICAL AND ECONOM-
IC  IMPACTS.  AT  LEAST  ONE HUNDRED EIGHTY AQUATIC NUISANCE SPECIES ARE
ESTABLISHED IN THE GREAT LAKES. SINCE THE OPENING OF THE ST.    LAWRENCE
SEAWAY  IN  NINETEEN  HUNDRED  FIFTY-NINE, BALLAST WATER DISCHARGES FROM
OCEAN-GOING VESSELS HAVE BEEN IMPLICATED IN MORE THAN TWO-THIRDS OF  THE
INTRODUCTIONS OF NEW AQUATIC NUISANCE SPECIES IN THE GREAT LAKES.
  THE LEGISLATURE FURTHER FINDS THAT THE AQUATIC NUISANCE SPECIES INTRO-
DUCED  INTO  THE GREAT LAKES, SUCH AS THE SEA LAMPREY, THE ZEBRA MUSSEL,
THE RUFFE, THE GOBY, AND THE SPINY WATER FLEA, HAVE  COMPETED  WITH  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-01-9
              

S. 2858                             2

PREYED  UPON  NATIVE  PLANTS,  FISH  AND WILDLIFE, RESULTING IN DRAMATIC
DECREASES IN POPULATION,  COMPROMISED  SPECIES  VIABILITY,  AND  SERIOUS
ALTERATIONS TO THE ECOSYSTEM. THESE IMPACTS MAY BE IRREVERSIBLE.
  THE  LEGISLATURE  FURTHER  FINDS  THAT  AQUATIC  NUISANCE SPECIES HAVE
HARMED THE GREAT LAKES' COMMERCIAL AND RECREATIONAL  FISHING  INDUSTRIES
AND  DAMAGED  WATER  SUPPLY AND ENERGY PRODUCTION INFRASTRUCTURE.  THESE
DAMAGES HAVE RESULTED IN BILLIONS OF  DOLLARS  OF  ECONOMIC  DISRUPTION,
INCLUDING  MORE THAN 1.5 BILLION DOLLARS EXPENDED TO ADDRESS THE IMPACTS
OF THE ZEBRA MUSSEL IN THE GREAT LAKES BASIN.
  THE LEGISLATURE FURTHER FINDS THAT THE THREAT OF NEW INTRODUCTIONS  OF
AQUATIC  NUISANCE  INVASIVE SPECIES IN THE GREAT LAKES IS REAL AND GROW-
ING. INTRODUCTION OF A NEW AQUATIC  NUISANCE  SPECIES  ANYWHERE  IN  THE
GREAT  LAKES POSES A THREAT TO THE ENTIRE GREAT LAKES ECOSYSTEM, INCLUD-
ING THE WATERS OF THE STATE.
  THE LEGISLATURE FURTHER FINDS THAT IN TWO THOUSAND FIVE THE  STATE  OF
MICHIGAN  CREATED  THE GREAT LAKES AQUATIC NUISANCE SPECIES COALITION TO
BRING STATES TOGETHER TO COLLABORATIVELY DEVISE CONSISTENT  STATE  REGU-
LATIONS  TO  MANAGE AQUATIC NUISANCE SPECIES DISCHARGED FROM OCEAN-GOING
VESSELS' BALLAST WATER TO PROTECT THE GREAT LAKES BASIN.
  THE LEGISLATURE FURTHER FINDS THAT  BECAUSE  ALL  OCEAN-GOING  VESSELS
MUST  PASS  THROUGH  NEW  YORK STATE'S GREAT LAKES WATERS, REGARDLESS OF
WHETHER THEY STOP AT NEW YORK STATE PORTS,  NEW  YORK  STATE  CARRIES  A
SINGULAR  OBLIGATION  TO ACTIVELY PARTICIPATE IN THE GREAT LAKES AQUATIC
NUISANCE SPECIES COALITION.
S 17-2105. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "AQUATIC NUISANCE SPECIES" MEANS A NON-INDIGENOUS  SPECIES,  EITHER
ALREADY ESTABLISHED OR NOT YET ESTABLISHED IN THE REGION, THAT THREATENS
OR  COULD  THREATEN  THE  DIVERSITY  OR ABUNDANCE OF NATIVE SPECIES, THE
ECOLOGICAL STABILITY OF INFESTED WATERS, CONSUMPTIVE USE OF THE INFESTED
WATERS, OR COMMERCIAL, AGRICULTURAL, AQUACULTURAL OR RECREATIONAL ACTIV-
ITIES DEPENDENT ON SUCH WATERS.
  2. "BALLAST WATER" MEANS ANY WATER AND SUSPENDED MATTER TAKEN ON BOARD
A VESSEL TO CONTROL OR MAINTAIN TRIM, DRAUGHT, STABILITY, OR STRESSES OF
THE VESSEL, REGARDLESS OF HOW IT IS CARRIED,  INCLUDING  RESIDUAL  WATER
AND SUSPENDED MATTER IN VESSELS DECLARING NO BALLAST ON BOARD.
  3.  "GREAT LAKES" MEANS LAKE ONTARIO, LAKE ERIE, LAKE HURON (INCLUDING
LAKE ST. CLAIR), LAKE MICHIGAN, LAKE SUPERIOR, AND THE CONNECTING  CHAN-
NELS  (SAINT  MARY'S  RIVER,  SAINT  CLAIR RIVER, DETROIT RIVER, NIAGARA
RIVER, AND SAINT LAWRENCE RIVER TO THE CANADIAN  BORDER),  AND  INCLUDES
ALL  OTHER  BODIES  OF WATER WITHIN THE DRAINAGE BASIN OF SUCH LAKES AND
CONNECTING CHANNELS.
  4. "NON-INDIGENOUS SPECIES" MEANS ANY SPECIES OR OTHER VIABLE  BIOLOG-
ICAL  MATERIAL  THAT  ENTERS  AN  ECOSYSTEM  BEYOND  ITS HISTORIC RANGE,
INCLUDING ANY SUCH ORGANISM TRANSFERRED FROM ONE COUNTRY INTO ANOTHER.
S 17-2107. PARTICIPATION IN GREAT LAKES AQUATIC NUISANCE SPECIES  COALI-
             TION; OTHER COOPERATIVE AND COORDINATED EFFORTS.
  1.  THE  DEPARTMENT  IS  AUTHORIZED AND DIRECTED TO PARTICIPATE IN THE
GREAT LAKES AQUATIC NUISANCE  SPECIES  COALITION  AS  ORGANIZED  BY  THE
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE PURPOSE OF DEVISING
BASIN-WIDE  REGULATIONS  TO  ADDRESS  THE  DISCHARGE OF AQUATIC NUISANCE
SPECIES IN THE BALLAST WATER OF OCEAN-GOING VESSELS.
  2. TO THE EXTENT CONSISTENT  WITH  NEW  YORK'S  SOVEREIGN  RIGHTS  AND
RESPONSIBILITIES, THE DEPARTMENT SHALL ALSO CONTINUE TO ACTIVELY PARTIC-
IPATE  WITH  ENTITIES CONCERNED WITH AQUATIC NUISANCE SPECIES INCLUDING,
BUT NOT EXCLUSIVE TO, THE  INTERNATIONAL  JOINT  COMMISSION,  THE  GREAT

S. 2858                             3

LAKES COMMISSION, THE GREAT LAKES PANEL ON AQUATIC NUISANCE SPECIES, THE
GREAT  LAKES  FISHERY  COMMISSION,  THE  UNITED  STATES COAST GUARD, THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND  THE  NEW  YORK  STATE
INVASIVE SPECIES TASK FORCE.
  3.  THE DEPARTMENT SHALL REPORT TO THE GOVERNOR AND TO THE LEGISLATURE
AT LEAST ANNUALLY ON GREAT  LAKES  AQUATIC  NUISANCE  SPECIES  COALITION
ACTIVITIES.
  S 2. This act shall take effect immediately.